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Austrian law student and founder of the websit...

Max Schrems, a 24-year-old law student from Austria, has become one of Facebook's fiercest critics.

While most law students are shaking off the winter break and settling back in for the second semester, Max Schrems is busy doing his best to bring Facebook to its knees.

Last year, the 24-year-old University of Vienna law student spent a semester abroad at Santa Clara University in Silicon Valley. His privacy law professor there, Dorothy Glancy, invited a privacy lawyer from Facebook to be eaten alive by speak to the class. Schrems was shocked by the lawyer’s limited grasp of the severity of European data protection laws, and decided to write his final paper for the class on how Facebook was flunking privacy in Europe.

In the course of his research, he discovered that Facebook’s dossiers on individual users are hundreds of pages long, and include information users thought had been deleted. When he returned to Austria last summer, he formed an activist group called Europe v. Facebook (to legitimize his campaign and make it seem like more than just one law student), filed dozens of complaints in Europe about Facebook’s data practices, and publicized his findings online, leading to widespread media attention, a probe by a European privacy regulator, and questions from Congress.

On Monday, Facebook’s European director of policy (and former MP) Richard Allan and another California-based Facebook exec flew to Vienna to meet with Schrems for a whopping six hours to discuss his concerns.

Continue reading at Forbes.com….

The battle between educational institutions and loudmouth students who fight for the right to say dumb things is a rich area of recent American history. A student says something inflammatory. The school suspends/fails/disciplines the student. The student sues, and everyone has a big First Amendment debate party.

Usually, I have a lot of sympathy for the schools. Teenagers are, how do I say this, dumb. They think they know everything, and that somehow it’s of cosmic importance that they are allowed to proclaim their love for illegal drugs on campus.

But I cannot abide when schools become the fun police. The University of Minnesota currently falls under this category. In a case that will be heard today by the Minnesota Supreme Court, a mortuary sciences student is fighting to overturn ridiculous penalties levied against her for a couple of (seriously) harmless jokes made on Facebook.

Some commentators are worried about broader implications the case will have on the power colleges have over their students. I’m more upset about the fact that the University of Minnesota can’t take a joke….

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History is littered with examples of Aussies sticking it to the Brits: from early convict rebellions to the time Rupert Murdoch bought our favourite tabloid newspaper, The Sun, and had a photo of a topless woman placed on its inside page each day — a tradition that continues to this day (semi-NSFW link).

Last week they were at it again when Australian law firm Slater & Gordon used some of the millions generated from its 2007 public listing — the first ever for a law firm — to snap up the large British personal injury firm Russell Jones & Walker (RJW), in an unprecedented £54m ($85 million) cash and shares deal. Once again, the people of the U.K. were left shaking their heads.

Of course, we should have seen it coming. British lawyers have been talking about the deregulatory provisions of the U.K. Legal Services Act (LSA) for years now. And it’s not as if we haven’t been watching the rapid growth of Slater & Gordon — where turnover, staff numbers and office locations have nearly tripled since the firm responded to Australia’s enactment of a similar law by going public — with eyebrow-raised interest from afar.

For some reason, though, we failed to put the two together….

double red triangle arrows Continue reading “Letter from London: U.K. Law Firms Set to Cash in Facebook-style”

It’s always tempting to call people like the guy in this story the stupidest (alleged) criminal ever. But, somehow, the bar for getting arrested via internet idiocy keeps getting set lower and lower.

In the modern era, it seems that thieves and would-be murderers can’t help but gloat about their illicit activities online.

But until today, I’ve never heard of a wanted man posting on his local sheriff’s Facebook wall, commenting on a story about the fact that police were looking for him.

Wait, did I say commenting? This dude started a whole thread. You can’t make this stuff up….

double red triangle arrows Continue reading “He Trolled the Law, and the Law Won”

Morning Docket: 02.02.12

* How many friend requests did these firms just get? Fenwick & West and Simpson Thacher are the Biglaw stars of Facebook’s S-1 filing for its $5B initial public offering. Like. [Am Law Daily]

* The prosecution is expected to make its arguments today in Julian Assange’s appeal of his extradition from the U.K. to Sweden. Hope it won’t affect his role on The Simpsons. [CNN]

* Adventures in fourth-tier second-tier law school marketing: go to the University of Dayton School of Law, take a tour, and get your first-year textbooks for free. Mmm, the sweet smell of bribery. [National Law Journal]

* The little hybrid that could: Heather Peters, the former lawyer who decided to sue Honda in small claims court, has won her case. Maybe she should reconsider her career options? [Los Angeles Times]

* Looking for a way to shield your assets during a wrongful death suit? Just adopt your adult girlfriend. It has “nothing to do with the lawsuit” — dude just wants to bang his daughter. No big deal. [Palm Beach Post]

* Unpaid internships are so last season. A former intern for fashion mag Harper’s Bazaar wants class action certification for a lawsuit claiming that her free labor violated wage and hour laws. [New York Times]

Morning Docket: 02.01.12

Snooki and J-WOWW

* Florida: a place where people don’t care about your income tax returns. Mitt Romney dominated the state’s primary, grabbing all 50 of the delegates needed for the Republican nomination. [New York Times]

* Entry-level hiring might be down, but lateral hiring is being approached like an NFL draft. Biglaw firms want the best of the best, and if they have to poach partners to get what they want, they will. [Wall Street Journal]

* In the wake of scandal, Edwards Wildman has named a new managing partner. Robert Shuftan will take up the position tomorrow, and he’ll get first dibs on all of the partners’ wives. [Boston Business Journal]

* Paul Ceglia was ordered to pay Facebook’s legal fees, and now he’s crying over Gibson Dunn’s Biglaw price tag. Instead, he wants to pay podunk fees for his podunk town. [Bloomberg]

* Some cities in New Jersey don’t like pollution — they want to keep the trash down the shore. Hoboken’s mayor has denied MTV’s film permit request for Snooki and J-WOWW’s spinoff show. [New York Post]

You realize your kids won't even learn how to do this.

Given the tough job market, law students are doing everything they can to get a leg up on the competition. Whether that means showing up with freshly baked cookies before the interviews, or pumping out handwritten thank you notes after they meet people, students are going to the mattresses.

I’m serious about the cookies and notes. I had a person ask me if she should bring cookies to her interview (to which I said, “I think they’ll be more eager to receive their blow jobs…. you realize I’m joking, right? Do not bring cookies or blow people in interviews.”) For thank you notes, even some career service professionals suggest handing them out. Because nothing says “I’m desperate to have one more second of your attention before you throw this away” like a thank you card.

But why should a law student hand-write his own handwritten thank you card? This is American legal education in 2012, baby. Surely, there is a law student out there who is just desperate enough to write another law student’s thank you cards. At least that’s what one student at a top law school was hoping….

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The great thing about free stuff is that it is free. Nobody cares what kind of plastic junk they’re getting as long as it’s free. Why do sports fans go nuts over t-shirt cannons, even though the shirts are ugly as hell and always XXL? Duh, because they’re free.

To me, it seems logical that no one has any right to complain when free stuff is taken away, or when it turns out to be a major letdown.

If you want a crummy T-shirt so badly, go buy one. If you want to go to Starbucks, don’t complain that your aunt Maggie didn’t give you a big enough gift card for Christmas. Just go buy your coffee.

Judging from a recent LexisNexis online promotion geared toward law students, though, it seems I might be in the minority. On its Facebook page, Lexis has been advertising “challenges” for law students. Supposedly, the first 1,000 students to complete each challenge win 1,000 “Lexis points,” which are similar to credit card rewards points.

Tragically, some computer problems caused students to have trouble accessing and submitting their answers earlier this week. A tidal wave of law school students became enraged and took to Lexis’s Facebook with their fury. Woe to he who angers law students….

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Morning Docket: 01.12.12

* Landmark case alert. This just in from SCOTUS: the separation of church and state even applies to employment discrimination lawsuits. Say hello to the “ministerial exception.” [New York Times]

* Paul Ceglia was fined for ignoring a discovery order. He also has to reimburse Facebook for all of its related, Biglaw legal fees. Here’s looking forward to Ceglia’s bankruptcy filing. [Bloomberg]

* “[D]emand for lawyers is declining,” but we definitely need another law school in Texas. A federal judge quit his job to become the dean of the ten millionth law school in the state. [National Law Journal]

* Joran van der Sloot pleaded guilty to the murder of Stephany Flores yesterday, but we know what most Americans are thinking. WHERE’S THE JUSTICE FOR NATALEE HOLLOWAY?!!?!?!?!! [CNN]

* Proof that Casey Anthony isn’t mentally ill: she’s been thinking of kicking Jose Baez’s limelight-loving, camera-hogging ass to the curb. Time for Cheney Mason’s takeover. [New York Post]

* Lindsay Lohan is being sued for allegedly running over a paparazzo. But really, she should be sued for thinking she can play Elizabeth Taylor. Come on, that’s just not right. [Hollywood Reporter]

Thoreau admonished us that we cannot “kill time without injuring eternity.” But what did he know? That proto-hippie pond-fetishist could not have imagined today’s world, where our collective attention spans have shriveled to goldfish levels and so much actual productive white-collar labor can be, to an observer, indistinguishable from simply loitering in front of a computer screen. Unless someone is looking over your shoulder, nobody knows whether you’re on PACER or playing Angry Birds.

We asked you, the ATL readership, where you turn for distraction when you don’t feel like billing or studying. The results of our research poll, after the jump….

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* It’s about freakin’ time. Guess who’s jumped on board the ever popular “blame the ABA” bandwagon? None other than David Segal, the New York Times equivalent of the law school scam blogger. [New York Times]

* Newt says that as president, he’d ignore SCOTUS decisions. Raise your hand if you want to elect someone who doesn’t understand our government’s system of checks and balances. [Los Angeles Times]

* Remember that time you applied for the DOJ Honors Program? You were probably rejected because you were a damn, dirty, liberal hippie. [CNN]

* Facebook is threatening to sue Mark Zuckerberg. No, not one — he founded the company. The other one — no, not the lawyer. This guy: the “ultimate Facebook troll.” [Hollywood Reporter]

* “We are the 99 percent.” You know that our country is circling the drain when even Yale Law thinks that the Occupy Wall Street movement coined 2011′s quote of the year. [ABC News]

* North Korean dictator Kim Jong Il has died. Say hello to his slightly taller successor. [Bloomberg]

It seems there is an interesting emerging trend in litigation these days: When a ruling doesn’t go your way, just make an appeal alleging judicial conflict of interest.

Same-sex marriage opponents wanted California judge Vaughn Walker to recuse himself from Prop. 8 hearings because he is gay. If and when the Supreme Court decides to rule on Obama’s healthcare law, some people have called for Clarence Thomas to recuse himself because of his wife’s outspoken work to repeal the act.

And yesterday, an Illinois woman convicted of child battery lost her appeal for a new trial. She appealed on the basis that the judge in her case’s adult children are Facebook friends with her alleged victim’s family….

double red triangle arrows Continue reading “If You Are a Judge, Do Your Facebook Friends Matter?”

Morning Docket: 12.15.11

* Guys in my high school White House dropped threats to veto defense bills authorizing infinite detention of U.S. citizens all the time, it was no big deal. Nothing like bastardizing the Sixth Amendment. [New York Times]

* So much for occupying the court system, eh? This judge won’t budge on dismissals, and more than half of the OWS protesters who appeared in court yesterday accepted an offer over going to trial. [Bloomberg]

* Gibson Dunn says that it will file a motion to dismiss Paul Ceglia’s Facebook suit in January. Now taking bets on whether Ceglia will have another lawyer by then. [Buffalo News]

* Just like Michael Jackson, Conrad Murray’s money was gone too soon. He’s requesting a public defender to handle the appeal of his conviction for involuntary manslaughter. [CNN]

* Lindsay Lohan was finally able to please Judge Sautner during her probation progress hearing. She was also able to please her adoring fans, because she reportedly flashed her bra. [USA Today]

Just when you thought “revenge porn” couldn’t get worse, IsAnyoneUp came along. In addition to posting user-submitted nude photos — often sent in by someone’s angry ex — the site’s proprietor, Hunter Moore, includes a screenshot of the amateur porn star’s Facebook profile page, so that it’s clear exactly who the person is, where they live (and work), and how to contact him or her. It’s not the only porn website where those featured get “poked,” but the only one where visitors get to do the poking.

Those featured on the site have struggled to get their photos taken down — the most successful legal approach so far has been to claim copyright and issue a DMCA takedown notice. Now Facebook is bringing its legal power to bear. Facebook had its lawyers at Perkins Coie send the site a cease-and-desist notice, saying Moore was violating Facebook’s terms of service by harassing users and posting their content without their consent. Moore immediately posted a copy of the letter to his NSFW site, and was excited to send Perkins lawyer Joseph Cutler a response.

“I replied with a picture of my dick,” he told Gawker. Classy.

Continue reading at Forbes.com….

Morning Docket: 11.30.11

* Facebook settled with the FTC over its privacy violations. Mark Zuckerberg will be adding a “dislike” button to the site so he has an appropriate way to deal with this. [National Law Journal]

* The lawsuit seeking to overturn gay marriage in New York will proceed. Eric Schneiderman just got disinvited from more holiday parties than he can even count. [New York Times]

* On appeal, Dechert will get to walk away from the Dreier drama without losing a single dime, but not if Marc Kasowitz has anything to do with it. [New York Law Journal]

* Herman Cain’s defamation lawyer, Lin Wood, is apparently living on a very nice planet where “guilt by accusation” isn’t already the norm in the realm of politics. [Washington Post]

* What’s with all of the child predator attorneys flocking to New Jersey? Solo practitioner Tobin Nilsen got 12 years for trying to have sex with a 7-year-old girl. [Atlanta Journal-Constitution]

The real Elizabeth Sky

The Internet may be infinite, but people still are constantly fighting over online real estate. It happens in the porn industry, and it happens to celebrities. Even Miami Dolphins cheerleaders have to fight for their right to party at their own website.

The U.S. District Court for the Southern District of Florida recently ruled in a dispute between two models using the stage name Elizabeth Sky. The defendant allegedly went on a campaign across the Internet to destroy the other model’s social networking presence. Will the real Elizabeth Sky please stand up, please stand up, please stand up.…

double red triangle arrows Continue reading “Model Who Says, ‘I’m Too Sexy For This Trademark’ Loses $81K Suit”

Sorry to disappoint the snake-oil salesmen, but in this small post I will buck the trend, and debunk the fallacy of non-practicing lawyers who write books about social media for lawyers. Here, today my friends, I will tell you everything you need to know about the complicated and scary topic of: how to talk to people on the internet like a normal person.

Facebook

If you think Facebook is code for “high school,” you’re correct. But if you live in the same town you went to high school, why not connect with your loser friends who have some mid-level job? They need lawyers. Yes, as part of reconnecting with your past you’ll experience the joy of seeing that girl you wanted to date has moved to some small crap town and married Jim, who’s prematurely bald but “an awesome husband,” but so what?

Do not post every single picture you take of your kids, dogs, in-laws with your kids, kids with your dogs, the 189 pictures of your vacation, or “fake” complain about the first class service on some airline. You’re practicing law, not creating a family scrapbook.

Do not have a Facebook fan page for your law firm. No one should ever be a fan of a law firm. You are not a “rock star” and even if you were, rock stars do not ask people to be their fans. It just happens with good music. Asking people to be your “fan” may also violate your state bar ethics rules, if that kind of nuisance interests you — you know, ethics rules….

double red triangle arrows Continue reading “The Practice: The Definitive (All You Need To Know) Guide (This Is It) To Social Media For Lawyers”

When a tipster sent us an e-mail with the subject, “Court awards $700,000+ in sanctions for destruction of FB page,” I thought it sounded like it might be interesting. Because hey, that’s a lot of money.

I didn’t realize it would also be one of the most depressing legal news stories I’ve read since this tragic murder-suicide.

The three-quarters-of-a-million-dollar sanction award was levied against the widower of a woman killed in a car accident and the widower’s lawyer. The ruling was an abrupt table-turn for Isaiah Lester, who had previously won a $10 million wrongful death suit against the driver whose truck overturned and killed his wife.

Keep reading for the depressing details….

double red triangle arrows Continue reading “Facebook Spoliation Costs Widower and His Attorney $700K in Sanctions”

Like many of my other uber-productive legal brethren, I spend an obscene amount of time on Facebook. In between looking at pictures of friends in slutty Halloween costumes and friend’s babies in slightly less risqué garb, I decided to look for small firms on Facebook. Much to my delight, I found a great Facebook page belonging to the Lee Law Firm. With 5,717 other fans (or are we called something else now on the new Facebook?), I was not the only person to appreciate the firm’s highly effective use of Facebook.

So why do the 5,718 of us dig the Lee Law Firm’s Facebook page? Let me count the ways….

double red triangle arrows Continue reading “Size Matters: Should I Friend a Small Firm?”

Morning Docket: 11.03.11

* Only in Texas can a judge get paid leave after a video of him beating his daughter’s ass goes viral. Makes you wonder about the kind of crazy sh*t you’d need to do to get stuck with unpaid leave. [KRIS TV]

* A federal judge has ordered Paul Ceglia to return from Ireland to produce more of his hidden destroyed missing evidence. Oh, Facebook, always trying to steal his lucky charms. [paidContent]

* Memo to the NBA: you know you’re playing on the wrong court, right? On the bright side, at least we don’t have to worry about this happening with the WNBA. Or anyone caring about it if it did. [Bloomberg]

* Bar passage rates for first-time takers in New York were up by half a percentage point. Biggest contributing factor: I didn’t take the New York exam. Yeah, you’re welcome. [New York Law Journal]

* Joe Francis is suing over a debt dispute and vows to take the it to the Ninth Circuit if he loses. He needs to realize that no one cares about what he does unless it involves boobs. [Washington Post]

* Don’t be fat and then smush a lawyer at Shea Stadium. You’ll break her back, she’ll sue, and you might be known as the guy who got fat people banned from the upper deck. [New York Post]